By Fiona Manda and Pilirani Samson
Mzuzu, April 13, Mana: The Mzuzu High Court Tuesday nullified installation of Walter Mtima Gondwe as Paramount Chief Chikulamayembe in a case which Joseph Bongololo Gondwe claimed he was the rightful heir to the throne.
In his judgment, the high court judge, Thomson Ligowe said the appointment and installation of Mtima Gondwe was unlawful, unconstitutional, and procedurally unfair as he was not appointed by State President.
The court found that the appointment letter was not written by the President’s and had no signature as it is required by the law.
The court however, quashed Bongololo’s application that he is the rightful heir to the throne saying powers to appoint a paramount chief are conferred in the President.
“The powers to install a Paramount Chief are vested in the President, as such the court cannot be in a position to determine the one to occupy the position,” Ligowe said.
He therefore ordered that Mtima Gondwe holds the position of Paramount Chief Chikulamayembe in acting capacity pending the valid process in appointing the chief to take place.
In an interview, the applicant’s lawyer, Michael Chipeta said he was satisfied with how the court analyzed the evidence.
“We hope that the president will have to take the relevant steps, perhaps establish a commission of inquiry to look into the issues between the two contenders,” Chipeta said.
Meanwhile, one of the chiefs sympathizing with Mtima Gondwe, Principal Hunga Gondwe, said the judgment is unifying because the court found that there were no irregularities at the local level, but instead the government was at fault.
“As chiefs, we are satisfied with the judgment because we are very sure that Mtima Gondwe will still be installed as the Paramount Chief Chikulamayembe,” he said.
In 2019, the then Minister of Local Government, Ben Phiri installed Walter Mtima Gondwe as Paramount Chief Chikulamayembe at a secret ceremony at Senior Chief Mwankhunikira Headquarters in Rumphi District which brought tension in Joseph Bongololo’s camp.
Mana/fm/ps/zm/gjp
